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(영문) 서울중앙지방법원 2019.11.07 2017가단5222583
구상금
Text

1. The portion of the claim for indemnity among the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

Basic Facts

On April 16, 2015, the Plaintiff entered into a subcontract with Defendant B Co., Ltd. (hereinafter referred to as the “Defendant Company”) on the following terms among the new construction works of the Chungcheong Building: Defendant C jointly and severally guaranteed the Defendant Company’s obligations:

5. Contract price: 759,000,000 won for the construction work

6. Payment for completed portion: 1) monthly wage, material and subcontracting shall be paid directly by the Plaintiff.

Special Conditions in Convention

2. The materials at the site shall be purchased by the defendant with the plaintiff's trade name and input to the site, but all matters related to the quality of the materials shall be responsible for the defendant company.

12. The defendant Company shall be liable for the plaintiff's damage caused by the failure of the construction work as a fair list or failure to complete the construction work within the period, or the termination of the contract in violation of other terms and conditions of the contract.

Defendant C lent KRW 60,000,000 to E, the representative director of the Plaintiff, around that time.

As the Defendant Company was not paid the subcontract price of this case, it received a provisional attachment order for the Plaintiff’s claim under this Court No. 2015Kadan1060, and Defendant C received a provisional attachment order for E’s real estate as it was not paid the loan to E, the representative director of the Plaintiff, by Suwon District Court 2015Kadan1660.

On July 2015, the Plaintiff and the Defendants agreed to the following agreements regarding the instant subcontract (hereinafter “instant agreement”). Among them, the settlement details portion is written as deleted, and both E and Defendant C’s signatures are added thereto.

The plaintiff and the defendant company agree to settle the settlement agreement on the construction site of the D Building (Haakju) and all of the settlement of the tin works which have been abandoned in connection with the subcontract of this case as follows and will not thereafter raise any civil objection.

A (Contents of Agreement)

1. E on July 24, 2015

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